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High Court for State of TelanganaWP/12538/2010dismissed

H.M.K.S. And M.G.S. College Of Engineering, Kanagala, v. The Secretary To Government,

2016-03-03A Ramalingeswara Rao1 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.12538 of 2010 ORDER:

This writ petition was filed for the following relief: "to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings of respondent No.2 No.ANU/Affil/S/OM/TA/2009 dated 15.05.2010 demanding the Special fee Rs.2,60,000/- @ 2,500/- each even after collecting Rs.4,40,000/- Affiliation Fee for 240 students in addition to the fee fixed by the Committee for fixation of fee structure in private unaided professional colleges constituted by the Government of A.P. prescribed under Andhra Pradesh Private Non-minority (Aided/Unaided) Colleges of Education (Regulation of Admissions into B.Tech course through Common Entrance Test) Rules, 2005 made under Andhra Pradesh Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) Act, 1983 as illegal, arbitrary, without power or authority and opposed to Article 14 of the Constitution of India and consequently set aside the same."

An identical issue was considered by this Court in W.P.No.7873 of 2015 & batch and upheld the action of University in demanding the Special Fee. In view of the same, the relief sought for by the petitioner cannot be granted.

Accordingly, this Writ Petition is dismissed. No order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

________________________________ A.RAMALINGESWARA RAO, J 03.03.2016 MVA